How to win a court claim from the outset

legal updates

A poorly prepared or non-compliant claim could result in the case being thrown out and/or not everything being awarded to you.

Read our disclaimer keyboard_arrow_down

This website content is intended as a general guide to law as it applies to the motor trade. Lawgistics has taken every effort to ensure that the contents are as accurate and up to date as at the date of first publication.

The laws and opinions expressed within this website may be varied as the law develops. As such we cannot accept liability for or the consequence of, any change of law, or official guidelines since publication or any misuse of the information provided.

The opinions in this website are based upon the experience of the authors and it must be recognised that only the courts and recognised tribunals can interpret the law with authority.

Examples given within the website are based on the experience of the authors and centre upon issues that commonly give rise to disputes. Each situation in practice will be different and may comprise several points commented upon.

If you have any doubt about the correct legal position you should seek further legal advice from Lawgistics or a suitably qualified solicitor. We cannot accept liability for your failure to take professional advice where it should reasonably be sought by a prudent person.

All characters are fictitious and should not be taken as referring to any person living or dead.

Use of this website shall be considered acceptance of the terms of the disclaimer presented above.

Recently, we have seen claims against our members that are pleaded under Part 7 of the Civil Procedure where they do not set out the concise statement of the nature of the claim, and in some cases, fail to specify the remedy in which the Claimant seeks. Often a claim for money fails to specify any interest provision whether under statute or contract.

CPR 16.2 requires the claim form to:
(a) contain a concise statement of the nature of the claim
(b) specify the remedy which the Claimant seeks
(c) contain a statement of the value of the claim
(d) contain a statement of interest accrued on that sum, where the only claim is for a specified sum

In accordance with CPR 16.4, the particulars of claim must:
a) provide a concise statement of the facts on which the claimant relies
b) if the Claimant is seeking interest, a statement to that effect

In accordance with the rule, if interest is being sought then you must state whether that is under the terms of a contract, under an enactment, if so which one, or on some other basis.

We love to defend claims for our members where the other side has breached the above.

Conversely, our expertise also helps our members not to fall foul themselves when they want to make a claim against a third party.

The key wording in the rules is to provide a concise statement of the facts, which should not be fanciful or misleading. If you are claiming any interest provision, under a contract of sale, for example, then ensure it is thoroughly set out and pleaded in your case. If you do not plead this and seek to rely upon it later, then you will require the court’s permission to amend your statement of case, which can prove expensive.

A poorly prepared or non-compliant claim could result in the case being thrown out and/or not everything being awarded to you. So, if you want to issue a claim against another party, we strongly suggest the matter is passed to our specialist litigation team to draft on your behalf, because if you don’t plead it or don’t plead it right, you may not get it.

Brave AgencyDriving growth in the automotive industry

Brave is an award-winning digital agency offering a comprehensive range of services aimed at helping your business grow. From rebrands and web development to marketing campaigns that get you noticed, we do it all. Since 2000, we’ve helped businesses across the automotive sector reach new heights. Could yours be next?

Adrian BrazierLegal AdvisorRead More by this author

Related Legal Updates

Time is Money – Pay Attention!

Whether the court has made a mistake that impacts your case, or if the postman has lost your court paperwork, as soon as an issue arises, action is needed.

SHOCK & HORROR! A finance company seeks to influence an expert opinion!

Any finance house thinking of or seeking to emulate such unconscionable conduct, risks not only judicial ire and sanction but also being named and shamed.

Petty Grievances

Dealers can rest assured that the courts still take a very dim view of petty grievances blown out of proportion.

Default Judgments & Set Aside Applications – When is late too late?

This article explores the complexities and urgent timing needed to set aside default judgments in County Court, highlighting the importance of prompt legal action.

Why a good defence is essential

Delays are never helpful, and the sooner we get the claim form, the sooner we can get to work on your defence.

It pays to take professional advice on a court claim

Experience remarkable savings and expert legal support for your motor trade business with our competitively priced services.

Proceed with caution: legal pitfalls in caravan and motorhome deals

Curious if one of these vehicles is in your possession? Verify your stock and arm yourself with essential legal knowledge to navigate any potential challenges.

Get in touch

Complete the form to get in touch or via our details below:

Phone
01480 455500
Address

Vinpenta House
High Causeway
Whittlesey
Peterborough
PE7 1AE

By submitting this quote you agree to our Terms & Conditions and Privacy & Cookies Policy.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.